Top 10 Errors
State regulation violations easily avoidable
By DeeDee Crossett and Aimee Gordon
Originally published in Skin Deep, March/April 2009. Copyright 2009. Associated Skin Care Professionals. All right reserved.
If a state board inspector were to walk into your spa or treatment room at this very moment, would you pass the inspection? Or would you incur violations and end up paying hefty fines? Do you even know what they would be inspecting, or would it come to you as a surprise?
For many of us, the state board is a distant memory directly correlated to our days at beauty school. Years ago, when I was attending school, I remember being taught to fear the state board inspector who was proctoring my exam. After all, he or she was going to determine my fate with a simple pass or fail. I experienced many sleepless nights, equipped with tossing and turning and asking myself, "Would I perform the dermal light facial correctly? Would the wax for my hair removal service heat up and would I get the seven required hairs from my model's brow? Would the proctor be confident that I understand the health and safety regulations during my exam?"
On my drive to the exam facility, I remember my palms were sweating, my stomach was in knots, and my heart was racing. "Don't make eye contact with anyone at the state board," I told myself. I didn't want them to know me, or worse, fail me. Luckily, all my studying and hard work paid off. I passed my exam.
From that point on, I assumed the state board was just waiting to cite and fine salons and spas as they pleased. I had heard through the esthetics grapevine that inspections were happening at spas in my area, but had never undergone an inspection myself. So, I continued to operate with an uneasy view of my state board for years.
As most of us have experienced, our clients are getting savvier about the beauty industry. Not only are they knowledgeable about our products and their ingredients, but also sanitation, disinfection, and overall client safety. After all, wouldn't you be conscious about where those tweezers came from or how clean
the sheets are?
We know state boards are the organizations that proctor our esthetics exams, but they also ensure the health and safety of consumers by promoting ethical standards and enforcing the laws of the beauty industry. After learning that this was the mission statement for my state board, my perception changed. I realized they no longer warranted a skeptical and fearful attitude.
There is a legitimate reason for each state board of cosmetology. The risk factors associated with the practice of cosmetology and esthetics create a need for state government to protect the public. The nature of the practice of cosmetology and esthetics presents a risk to the public if practitioners are not properly trained, regulated, and required to uphold sanitation and disinfection laws. Risks associated with the cosmetology profession fall into two major categories: transmission of communicable diseases and infection, and physical harm resulting from improper use of equipment and products. Because of the seriousness of these health and safety risks, all states regulate the practice of cosmetology and all states except Connecticut regulate the practice of esthetics.
As estheticians, it's important for us to continue our education on trends and advanced skin care topics. It's also important to remain familiar with our state rules and regulations. Now is the time to re-familiarize ourselves with what our state requires. Although we may never return to the state board exam, we could be inspected in our treatment room or spa. If and when we are inspected, we will be sure to have a violation-free experience.
Following is a list of the top 10 most common reasons for violations found in California that likely apply to your state and practice as well. Some additional explanation is included where necessary. Having knowledge of these common violations will help prevent you from compromising your guests and being fined. If you have questions about what regulations apply to you, refer to your state's website at www.ascpskincare.com.
1 Non-Disinfected Items. "All instruments that have been used on a patron or soiled in any manner shall be placed in a properly labeled receptacle." Translation: store used tools in a closed container labeled soiled.
2 Non-Electrical Items. "All disinfected instruments shall be stored in a clean, covered place which is labeled as such." Translation: store clean implements in a closed container labeled clean or sanitized. A closed container can be a closed drawer, cabinet, ziplock bag, plastic bin, or case. If it is labeled clean, the storage area cannot contain anything that is not clean.
3 Containers Not Labeled. "All bottles and containers shall be distinctly and correctly labeled to disclose their contents. All bottles and containers containing poisonous substances shall be additionally and distinctly marked as such." Reminder: water bottles, toners, and product that are not in the manufacturer's container should be labeled, even if it they contain only water.
4 Containers Not Clean or Closed. "All liquids, creams, and other cosmetic preparations shall be kept in clean and closed containers. Powders may be kept in clean shakers."
5 Disposal of Non-Disinfected Items. "All instruments and supplies that come into direct contact with a patron and cannot be disinfected (for example, cotton pads, sponges, emery boards, and neck strips) shall be disposed of in a waste receptacle immediately after use."
6 Disinfectant Not Covered or Changed. "Disinfectant solutions shall remain covered at all times, be changed at least once per week or whenever visibly cloudy or dirty."
Note: the liquid should be clear and nothing should be floating in your disinfectant. There should not be a ring or stain on the inside of your disinfectant container.
7 Display of Personal License. "All operators' licenses shall be conspicuously posted at their primary work stations." Translation: post your license in your treatment room or in accordance with your local board.
8 Unlicensed Establishment or Expired Establishment License. "It is unlawful for any person, firm, or corporation to engage in barbering, cosmetology, or electrolysis for compensation without a valid, unexpired license issued by the board, or in an establishment or mobile unit other than one licensed by the board, or conduct or operate an establishment, or any other place of business in which barbering, cosmetology, or electrolysis is practiced unless licensed under this chapter. Persons licensed under this chapter shall limit their practice and services rendered to the public to only those areas for which they are licensed. Any violation of this section is a misdemeanor." Note: this is not a business license, reseller's license, or county permit. This is a license issued by the state. Even if you are a small, one-room treatment center, you need an establishment license.
9 Removal of Cosmetic Preps. "When only a portion of a cosmetic preparation is to be used on a patron, it shall be removed from the container in such a way as not to contaminate the remaining portion."
10 Unlicensed Individual or Expired Individual License. This includes licensed estheticians who are working outside their scope of practice. In California for example, estheticians are not allowed to dye or tint lashes and, if cited, the violation would be for performing an unlicensed activity.
Remember, each state has different licensing requirements for cosmetologists, estheticians, and nail technicians. Check with the regulatory board in your state for specific requirements.
Deedee K. Crossett is a licensed esthetician and professional member of the California Board of Barbering and Cosmetology. A former corporate manager, Aimee Gordon is a licensed esthetician and education leader at the San Francisco Institute of Esthetics and Cosmetology.
If a state board inspector were to walk into your spa or treatment room at this very moment, would you pass the inspection? Or would you incur violations and end up paying hefty fines? Do you even know what they would be inspecting, or would it come to you as a surprise?
For many of us, the state board is a distant memory directly correlated to our days at beauty school. Years ago, when I was attending school, I remember being taught to fear the state board inspector who was proctoring my exam. After all, he or she was going to determine my fate with a simple pass or fail. I experienced many sleepless nights, equipped with tossing and turning and asking myself, "Would I perform the dermal light facial correctly? Would the wax for my hair removal service heat up and would I get the seven required hairs from my model's brow? Would the proctor be confident that I understand the health and safety regulations during my exam?"
On my drive to the exam facility, I remember my palms were sweating, my stomach was in knots, and my heart was racing. "Don't make eye contact with anyone at the state board," I told myself. I didn't want them to know me, or worse, fail me. Luckily, all my studying and hard work paid off. I passed my exam.
From that point on, I assumed the state board was just waiting to cite and fine salons and spas as they pleased. I had heard through the esthetics grapevine that inspections were happening at spas in my area, but had never undergone an inspection myself. So, I continued to operate with an uneasy view of my state board for years.
As most of us have experienced, our clients are getting savvier about the beauty industry. Not only are they knowledgeable about our products and their ingredients, but also sanitation, disinfection, and overall client safety. After all, wouldn't you be conscious about where those tweezers came from or how clean
the sheets are?
We know state boards are the organizations that proctor our esthetics exams, but they also ensure the health and safety of consumers by promoting ethical standards and enforcing the laws of the beauty industry. After learning that this was the mission statement for my state board, my perception changed. I realized they no longer warranted a skeptical and fearful attitude.
There is a legitimate reason for each state board of cosmetology. The risk factors associated with the practice of cosmetology and esthetics create a need for state government to protect the public. The nature of the practice of cosmetology and esthetics presents a risk to the public if practitioners are not properly trained, regulated, and required to uphold sanitation and disinfection laws. Risks associated with the cosmetology profession fall into two major categories: transmission of communicable diseases and infection, and physical harm resulting from improper use of equipment and products. Because of the seriousness of these health and safety risks, all states regulate the practice of cosmetology and all states except Connecticut regulate the practice of esthetics.
As estheticians, it's important for us to continue our education on trends and advanced skin care topics. It's also important to remain familiar with our state rules and regulations. Now is the time to re-familiarize ourselves with what our state requires. Although we may never return to the state board exam, we could be inspected in our treatment room or spa. If and when we are inspected, we will be sure to have a violation-free experience.
Following is a list of the top 10 most common reasons for violations found in California that likely apply to your state and practice as well. Some additional explanation is included where necessary. Having knowledge of these common violations will help prevent you from compromising your guests and being fined. If you have questions about what regulations apply to you, refer to your state's website at www.ascpskincare.com.
1 Non-Disinfected Items. "All instruments that have been used on a patron or soiled in any manner shall be placed in a properly labeled receptacle." Translation: store used tools in a closed container labeled soiled.
2 Non-Electrical Items. "All disinfected instruments shall be stored in a clean, covered place which is labeled as such." Translation: store clean implements in a closed container labeled clean or sanitized. A closed container can be a closed drawer, cabinet, ziplock bag, plastic bin, or case. If it is labeled clean, the storage area cannot contain anything that is not clean.
3 Containers Not Labeled. "All bottles and containers shall be distinctly and correctly labeled to disclose their contents. All bottles and containers containing poisonous substances shall be additionally and distinctly marked as such." Reminder: water bottles, toners, and product that are not in the manufacturer's container should be labeled, even if it they contain only water.
4 Containers Not Clean or Closed. "All liquids, creams, and other cosmetic preparations shall be kept in clean and closed containers. Powders may be kept in clean shakers."
5 Disposal of Non-Disinfected Items. "All instruments and supplies that come into direct contact with a patron and cannot be disinfected (for example, cotton pads, sponges, emery boards, and neck strips) shall be disposed of in a waste receptacle immediately after use."
6 Disinfectant Not Covered or Changed. "Disinfectant solutions shall remain covered at all times, be changed at least once per week or whenever visibly cloudy or dirty."
Note: the liquid should be clear and nothing should be floating in your disinfectant. There should not be a ring or stain on the inside of your disinfectant container.
7 Display of Personal License. "All operators' licenses shall be conspicuously posted at their primary work stations." Translation: post your license in your treatment room or in accordance with your local board.
8 Unlicensed Establishment or Expired Establishment License. "It is unlawful for any person, firm, or corporation to engage in barbering, cosmetology, or electrolysis for compensation without a valid, unexpired license issued by the board, or in an establishment or mobile unit other than one licensed by the board, or conduct or operate an establishment, or any other place of business in which barbering, cosmetology, or electrolysis is practiced unless licensed under this chapter. Persons licensed under this chapter shall limit their practice and services rendered to the public to only those areas for which they are licensed. Any violation of this section is a misdemeanor." Note: this is not a business license, reseller's license, or county permit. This is a license issued by the state. Even if you are a small, one-room treatment center, you need an establishment license.
9 Removal of Cosmetic Preps. "When only a portion of a cosmetic preparation is to be used on a patron, it shall be removed from the container in such a way as not to contaminate the remaining portion."
10 Unlicensed Individual or Expired Individual License. This includes licensed estheticians who are working outside their scope of practice. In California for example, estheticians are not allowed to dye or tint lashes and, if cited, the violation would be for performing an unlicensed activity.
Remember, each state has different licensing requirements for cosmetologists, estheticians, and nail technicians. Check with the regulatory board in your state for specific requirements.
Deedee K. Crossett is a licensed esthetician and professional member of the California Board of Barbering and Cosmetology. A former corporate manager, Aimee Gordon is a licensed esthetician and education leader at the San Francisco Institute of Esthetics and Cosmetology.
